Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 7 contracts
Samples: Indemnification Agreement (Financial Institutions Inc), Indemnification Agreement (Sito Mobile, Ltd.), Indemnification Agreement (Financial Institutions Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f11(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in such court that the Company is bound by all the provisions of this Agreement.
Appears in 6 contracts
Samples: Director and Officer (Platform Specialty Products Corp), Form of Director and Officer Indemnification Agreement (Liberty Acquisition Holdings Corp.), Director and Officer (American Defense Systems Inc)
Validity of Agreement. The Company shall be precluded from --------------------- asserting in any Proceeding, including, without limitation, an action under Section 2(f10(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 6 contracts
Samples: Form of Indemnification Agreement (Voyager Net Inc), Indemnification Agreement (Circor International Inc), Form of Indemnification Agreement (Little Switzerland Inc/De)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f9(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 3 contracts
Samples: Indemnification Agreement (SJW Corp), Indemnification Agreement (SJW Corp), Director and Officer Indemnification Agreement (Techne Corp /Mn/)
Validity of Agreement. The Company shall be precluded from asserting --------------------- in any Proceeding, including, without limitation, an action under Section 2(f10(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 3 contracts
Samples: Director Indemnification Agreement (Mac-Gray Corp), Director Indemnification Agreement (Be Free Inc), Director Indemnification Agreement (Ipg Photonics Corp)
Validity of Agreement. The Company Corporation shall be precluded from asserting in any Proceeding, including, without limitation, an action any judicial proceeding under Section 2(f11(a) aboveof this Agreement, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court such judicial proceeding that the Company Corporation is bound by all the provisions of this Agreement.
Appears in 3 contracts
Samples: Indemnification Agreement (American Outdoor Brands, Inc.), Indemnification Agreement (American Outdoor Brands, Inc.), Indemnification Agreement (American Outdoor Brands, Inc.)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an any action under Section 2(f) above, that the provisions of this Agreement are not valid, binding and or enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court any judicial proceeding that the Company is bound by all the provisions of this Agreement.
Appears in 3 contracts
Samples: Director and Officer Indemnification Agreement (Raymond James Financial Inc), Indemnification Agreement (Glatfelter P H Co), Director and Officer Indemnification Agreement (Alaska Communications Systems Group Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an any action under Section 2(f) 11 above, that the provisions of this Agreement are not valid, binding and or enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court any judicial proceeding that the Company is bound by all the provisions of this Agreement.
Appears in 2 contracts
Samples: Indemnity Agreement (Northwest Natural Gas Co), Indemnity Agreement (Northwest Natural Gas Co)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f10(a) above, that the provisions of this Agreement are not valid, binding and enforceable or enforceable, that there is insufficient consideration for this Agreement or that this Agreement and the actions of the Company's board of directors in approving this Agreement constituted a breach of their fiduciary obligations and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 2 contracts
Samples: Indemnification Agreement (Monarch Dental Corp), Form of Indemnification Agreement (Monarch Dental Corp)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f13(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in such court that the Company is bound by all the provisions of this Agreement.
Appears in 2 contracts
Samples: Director and Officer (Century Communities, Inc.), Director and Officer (Century Communities, Inc.)
Validity of Agreement. The Company Companies shall be precluded from asserting in any Proceeding, including, without limitation, an any action under Section 2(f11(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is Companies are bound by all the provisions of this Agreement.
Appears in 2 contracts
Samples: Indemnification Agreement (Blackboard Inc), Form of Indemnification Agreement (Blackboard Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f) above10A, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 2 contracts
Samples: Indemnification Agreement (Qorvo, Inc.), Indemnification Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f) 10A above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Ubiquiti Networks, Inc.)
Validity of Agreement. The Company shall be is precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f12(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f) above11(a), that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in such court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Summer Infant, Inc.)
Validity of Agreement. The Company shall be precluded from asserting --------------------- in any Proceeding, including, without limitation, an action under Section 2(f10(a) above, above that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Samples: Executive Employment Agreement (Wyndham International Inc)
Validity of Agreement. The Company and Indemnitee shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f11(a) abovehereof, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is and Indemnitee are bound by all the provisions of this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement for Directors (Bsi2000 Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action any judicial proceeding or arbitration initiated under Section 2(f11(a) aboveof this Agreement, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court such judicial proceeding or arbitration that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f11(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.. (d)
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Rexnord Corp)
Validity of Agreement. The Company Corporation shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f11(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company Corporation is bound by all the provisions of this Agreement.
Appears in 1 contract
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f12((a)) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, Proceeding (including, without limitation, an action under Section 2(f9(a)) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 2(f) above14(a), that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Samples: Director Indemnification Agreement (BJ Services, Inc.)
Validity of Agreement. The Company shall be precluded --------------------- from asserting in any Proceeding, including, without limitation, an action under Section 2(f10(a) above, that the provisions of this Agreement are not valid, binding and enforceable or enforceable, that there is insufficient consideration for this Agreement or that this Agreement and the actions of the Company's Board of Directors in approving this Agreement constituted a breach of their fiduciary obligations and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Validity of Agreement. The Company shall be precluded from ---------------------- asserting in any Proceeding, including, without limitation, an action under Section 2(f10(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Boron Lepore & Associates Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under this Section 2(f) above10, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Markwest Hydrocarbon Inc)
